Perry v. . Rochester Lime Co.
New York Court of Appeals
Appeal, by permission, from a judgment, entered June 5, 1914, upon an order overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the nonsuit granted at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment, entered June 5, 1914, upon an order overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the nonsuit granted at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was a question of fact for the jury to determine from the evidence in the case whether the respondent maintained a nuisance on the banks of the canal and if the jury found that the respondent maintained such a…
1Opinion of the CourtCardozo, J.
The defendant stored explosives in. a chest on the bank of the Erie canal in the city of Rochester. It stored them hi a public place and in violation of law. Two boys carried away some of the boxes, secreted them in a barn, and handling the contents the next day, brought about an explosion. A little boy of eight years who was near them, was killed. The question is whether the defendant may be held to answer for his death.
A narrow strip of land separates the defendant’s warehouse from the Erie canal. This land is public property.Boys were accustomed to go there to play and to fish. On this…
2Cases cited13 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Powers v. HarlowMichigan Supreme Court · 1884
- Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Fred Fredericks v. American Export Lines, Inc. S. J. Farrington Iron Works, Inc. v. John W. McGrath CorporationCourt of Appeals for the Second Circuit · 1955
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
50 more not listed; retrieve them via the Exa API.